What is the test for determining whether a defendant can pay a restitution fine under section 1202.4 of the California Criminal Code?
California, United States of America
The following excerpt is from People v. Rivera, B306080 (Cal. App. 2021):
Rivera's supplemental brief contends we should remand the case to the trial court for it to determine Rivera's ability to pay the restitution fine. Rivera cites People v. Dueas (2019) 30 Cal.App.5th 1157. Dueas held due process requires a trial court to conduct an ability-to-pay hearing and ascertain a defendant's ability to pay before executing a restitution fine under section 1202.4 (Dueas, at p. 1164.)
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